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20121027
20121104
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to be kept confidential applies only to ethics laws, not public records access laws. >> miss herrick for her part, all be ignores campaign and government code 4.105 d. states that the ethics commiting shall investigate complaints under the section that alleged violations of local campaign finance lobbies and financial interest and government ethics laws, which commissioner hur pointed out. however, section 4.105 a, states. any person can file a complaint with the ethics commission alleging that a city officer or employee has engaged in improper activity by, again, violating campaign finance lobbying, conflicts of interest, or government ethics laws, regulations. the difference between them is that the complaints can be filed under 4.105 a. alleging many different violations of improper activities but under 4.105 d, not all of them are investigated pursuant to procedures in c3699-13. so the whole thing in my opinion is moot. . i believe that miss herrick, may have also have wrongly claimed that the california evidence code 1040, and its definition of official information, ma
raiding my legal knowledge on the basis of that is how you accurately interpret the law. but you can proceed on whatever additional subtanive additional arguments that you have. >> the sunshine ordinance is quite clear. you cannot use that balancing test, any balancing test with 1040 or 6254.7 and,.13. you can't use balancing tests, not in san francisco. >> i believe somewhere along the lines, the ethics commission in their response which the sunshine ordinance task force rejected, indicated that the ethics commission, the ethics commission staff indicated and i believe so did the city controller, that they were withholding based on 6254 f. that did not apply either ethics, our ethics commission, or to the city controller's office. 6254 f, says that records of complaints are investigations conducted by or records of intelligence information or security procedures of the office of attorney general and the department of justice. and any state or local police agency or any investigate compiled by any other state or local police agency those records can be withheld. you are saying the et
laws, regulations. the difference between them is that the complaints can be filed under 4.105 a. alleging many different violations of improper activities but under 4.105 d, not all of them are investigated pursuant to procedures in c3699-13. so the whole thing in my opinion is moot. . i believe that miss herrick, may have also have wrongly claimed that the california evidence code 1040, and its definition of official information, may have been misquoted and she may have incorrectly relied on deputy city attorney improper letter to the sunshine ordinance task force in which he wrongly combined two or three of dr. derek kurr's complaints under one ball of wax wrongly. he made a mistake when he did that. in section 1040 is not whether disclosure is permitted, it is whether disclosure is forbidden. jerry made that lettering error. how a deputy city attorney can confound forbidden can permitted and then, deputy city attorney herrick fell into the same mix is really disturbing. >> let me ask you about that mr. hau. because c3-699-13, appears to use the term to the extent permitted
-699-13, appears to use the term to the extent permitted by state law. >> i draw your attention, commissioner hur to section 1040 b. i'm assuming that state law takes precedence over 699-13. i would assume, sir, that you would know that 1040 should take precedence over the city charters or this particular government conduct code which is not even at the city charter level, if i am right. >> 1040 b, clearly states, a public entity is a privilege to refuse to disclose official information... unless disclosure is forbidden. there is nothing >> in the act of the u.s. congress or any other statue that forbids the disclosure of the information that i am seeking. >> except that there is another paragraph, mr. shaw. i mean the basis for miss herrick's analysis is 1040 b2. she is not claiming that there is an act of congress that forbids this. she is claiming that the necessity for perceiving confidentiality out weighs disclosure. >> commissioner hur, let me respond to that question and that is, sunshine ordinance, if you have ever read it specifically bars every agency in san francisco from exerting the
that there is going to be some perception. the law does provide, though, that even some perception of bias is permissible in a situation like this where you have no legal conflict and we really don't have other options that would allow us to have somebody else adjudicate it. >> may i complaint on that point? >> you will have that opportunity, mr., shaw. so, i am not sure that we have a choice. it doesn't sound like we have a choice. and i, i don't think that an advisory opinion will be particularly helpful if we have to readjudicate it. >> i agree. >> i am not sure that this is, where they have to make determinations related to the executive directors that they hire and work with and conduct business together, that they investigate harassment complaints, whistle blower complaints they seek outside of the council to do that if they are well-organized. but they handle those because it is their job to do so. and i... so i raised it because we do want to be careful and thorough. but i think at this point it might make sense to proceed with the hearing from the attorney and mr. shaw and public
in the sunshine ordinance and the incorporation of the state law with some exceptions. i'm looking very carefully at the summary of the complaints in the two memos from miss herrick and it seems to me that the extent to which there is an investigatory file at the city controllers office or that the commission has conducted an investigation, that those investigations are probably not subject to disclosure. but, the scope of the underlying request between the two offices related to the complaint seems to me to suggest a body of material that is beyond the investigatorry file itself and may include correspondence about the handling of the aspect and not the file itself and to the extent that any such records might exist, they to me, to my read might be subject to disclosure, albeit in a redacted form. i don't know if they exist, but that is my view on that with regard to any closing memo, if there was i don't know what the language of a closing memo offered by the commission staff regarding this complaint refers to. again, if such a thing exists if it is not otherwise made confidential, and i need t
at this time. you said mitch katz convinced you laura's law was wrong. laura's law works. nevada shows, city of new york with kendra's law shows that kendra's law can and will save lives. it gives the police a tool so that people can be treated instead of jailed. and your mental health court in san francisco proves it. i think that all of you would do well to attend the graduation ceremonies and see the people who have been treated and rehabilitated. dr. peter [speaker not understood] described mental illness, it is a physically-based illness, a disability of the brain and the person. unless the person is defeated -- unless that person is treated, they will be defeated, for their brain cannot work. and you can pass all the laws saying, don't pan handle, but if people have a mental disability where they can't comprehend the law -- and i watch it on my own street. the people -- the mentally ill people on our street are my friends. i talk to them. i try to convince them to take their medicine. one guy wanted to fight with me. i said, i'm not going to fight with you. one of us is going to hurt.
of an enabler this body has been, it enables city bodies and personnel to evade their daoulties under the law and to hide that from public scrutiny. the whistle blower laws are not be used to protect the whistle blower but to protect the target. they are being used to hide the true facts of the investigation and to allow the city agency and employees to evade their actions. they hide the extent and the validity of the investigative process used by the ethics staff and the public records law are always intended to disclose rather than conceal public matters. instead these laws are purposefully misinterpreted to protect the agencies in question but also the ethics staff. as far as you not having a conflict of interest, let's look at the arts commission when they got the report from the civil grand jury that listed what they had done, including spending $300,000 on things that they had no legal authority to do so. charging fees, that they had no legal authority and fire the cultural director and replace the head of the commission. the bottom line is if you were a commission and you were in charg
by the courts of appeals does not apply here is that it's basic rule of law when a legislative body, whether this body or the electorate, makes a law, they are presumed to be aware of the previous law that relates to the same topic and if that they change that law, that they are doing so for a purpose, that has a change in the legal effect. here the law was changed. and it would be to assume that the electorate had no intention whatsoever to make that change and to assume that the interpretation of the previous section still applies. so it would be violating both that commonsense and that very time-honored rule of law. my letter that i'm delivering also deals with some ceqa issues. because of the small size of this park, even very small changes can be significant. here the changes are significant and require a subsequent or supplemental environmental impact report under ceqa before the board approves the proposal that is before you today. thank you very much. >> thank you. next speaker. if there is anybody else who would like to speak, please line up because we're going to close public com
and determine whether any documents in it are must be disclosed under state law. and that is what the ethics commission does. so i think and i hope that answers part of your question. the second part and maybe this responds, is when the ethics commission investigates allegations of sunshine allegations involving other departments, they may, depending on the discorrection of the investigate or to review the documents that were not disclosed in order to determine what to do and how to proceed in their investigation. i think in this case, miss herrick could seek to review the files of the ethics commission to determine whether those files are documents that must be disclose under state law. i can speak for the whistle blower program. >> miss herrick, did you review the documents in the possession that were maintained by the ethics commission related to this matter? >> i did not. and just in response to your... all of your questions, we did talk a bit about, apen disd3, 699-1 3a of the city charter which does make the city records confidential. and consistent with any advice that we would get fr
for their brain cannot work. and you can pass all the laws saying, don't pan handle, but if people have a mental disability where they can't comprehend the law -- and i watch it on my own street. the people -- the mentally ill people on our street are my friends. i talk to them. i try to convince them to take their medicine. one guy wanted to fight with me. i said, i'm not going to fight with you. one of us is going to hurt. they sleep at the foot bridge down at the school nearby. and i saw the custodian trying to lead somebody out, and i explained to him that this person is mentally ill, what was wrong with him, what could be done to save them. now, mitch katz went down to work on mental health ward to keep his medical license. if you talk to a psych emergency services doctor they'd tell you he didn't know what he was doing. they'll tell you further he forced out dr. bob oken as the chief psychiatrist in san francisco. bob oken is one of the greatest psychiatrists in the world. he's a pillar of doctors without borders. he's treated people around the world. he was the director of m
that not following the law as written, is wrong. and quit advising them to do it. this also referred to the district attorney office as well as this. >> good evening, commissioners, my name is dr. derek kerr. and i have comment that relates to the executive director's report and your annual report to the board. as you know, protection of whistle blowers is one of your mandates, it is in article four of the campaign and government conduct code. but your work in this area is invisible. there is nothing about whistle blower retaliation in your minutes for the last seven years, or your director's reports, or your annual reports. recently the controller's whistle blower program has been reporting retaliation complaints. 17, this year, none substantiate. since 1995 none have been by this body. each year you are required to provide a report to the board of supervisors. one requirement is that you note the number of complaints that you have received. another requirement is to report, the type of conduct complained about, unquote. and so please consider adding whistle blower retaliation to the categories of
public records laws and then continuing the hearing for a determination on the remaining documents, the correspondence between the two departments is that right? >> i guess that is right. yeah. >> sir, sir, public comment is closed. mr. shaw i will give you a minute, and i am not sure what you have. >> i just want to note, mr. gibner indicated that miss herrick was stepping into the shoes of the executive director, right? >> can you get to your point, please? >> you are going to let the acting in the shoes executive director, determine herself the contents of those files? why can't you carve out the time and you examine them? so that it is not a member of the staff filling in for something the ethics commission apparently doesn't want to do itself? >> you would rather have us review the documents? is that your position? >> absolutely. >> you could use a hearing officer. >> sir, not i am going to hear from you. >> i am not going to hear from you, please, shut down. >> i want to object to one thing only. >> if i let you speak everybody has to speak. and we are not going to go forward
heads have done the form 700 certification required by law and the whole city is out of order. to quote al pacino and go giants. >> hi there, i am one of the two whistle blowers, and from my perspective what i am asking for is actually not confidential investigatory information, what we wanted to know about is whether there was an administrative memo during the time that the ethics commission sat on our case for six months while the two of us were driven out of laguna honda ordering the whistle blower to not concurrently investigate the case. and in theory, according to your rules, the ethics commission should have sent a written memo to the whistle blower program, or they should have carried on a concurrent investigation but they didn't, and we would like to see the memo. it is not idle curiosity, we served the city for 43 years between the two of them and then they were sum marry removed after blowing the whistle. thank you very much. >> hi, i just want to... i just want to bring your attention, again to the fact that i sat there all of these hears, every single one of them and the me
. >> on that part of the voters we said that 6724 is part of the law of this county and you cannot just throw it out... >> can i make myself clear? >> no. >> i want an ethics commiting commissioner not a deposit city attorney to review those files i want you to look at those. >> could we turn off that mic? >> i would be prepared to make a motion along the lines of mr. gibner's suggestion if that reflects what you are suggesting >> miss herrick? >> yes. >> yes, i am. >> would you be willing to review the file that the correspondence file to determine whether there are any non-privileged documents there in? >> yes. >> thank you, very much. >> right and we will need to report to the commission explaining the results of your review. if that would be okay? >> certainly, yes. >> to the extent that you find documents that... well let me also ask this question, can we the ethics commission know the volume of the correspondence file with the controller's office? is that something that is publicly disclosable? >> is that question to me? >> i am sorry that is to mr. gibner. >> okay. i think that what you are a
is the way that you over turn a lawful election, not this put together, jury-rigged mistake for a procedure that you somehow tried to publicly defend. and if you break it down another way, we stand with your 17 employees in this report, 352,000 dollars per employee per year. and i will be honest with you, i come to these meetings and i can't see you doing a damn thing to make this city any more ethical, or any more open, in fact, what you just did in the last case was say, well, we are... we have not seen the file, and they won't tell us what is in the file, we don't know what is in the file, we don't know whether it is confidential or not, but we are going to find that the people being charged for withholding documents are not guilty and then we will go and look to see if there is anything in there that might be. talk about back asswards that is... >> now let me just... is there any other public comment on this? >> you know, let me just say, i did not reiterate the analysis that was provided by miss herrick in the memo and that she stated in response to the questions, but there is an impor
of this hearing is not in accord with the law. and i hope you can cure that by granting us a right of appeal. and you have heard ample comments. >> we can cure it by continuing this case. >> yes, it was not the board of appeals to provide that letter. it was something that the sfmta was responsible for. i wanted to make that clear. >> in one case or another there is a violation there. i am not asking for a continuance because this is the utmost of important. i would like a resolution tonight. but i want to note for the record this is not proper procedure. >> do we have a copy of that letter? >> in your file that he was not going to submit a brief and submit to the city attorney. >> do you have any further comment than what you said, you would like us to resolve the issue today and you believe this is a sunshine violation. >> that's correct. >> thank you. >> commissioners. >> is it submitted? >> yes. >> okay. well, i -- i am an attorney. and i definitely come from the perspective of someone who believes in the democratic principle of due process. that many of the speakers tonight have spoken
cost, u.n. basic needs exposing [speaker not understood] obliged by law for humanity to promote free speech propagation, [speaker not understood] for human and environmental marketing ownership and production, socialist capitalism, [speaker not understood], fascism. two centuries, republican democratic bodies, ability to gain, plan, life, death, whisper, come together, constitutional democracy. but aged emotional symphonic [speaker not understood], pointing had i finger to an introduction to a [speaker not understood] in logic. * his finger >>> good afternoon. good afternoon, president chiu and supervisors. ♪ you know that i would be untrue you know that i would be a city liar if i was to say to you this city couldn't get much higher come on city lit the city fire city, city lit the city fire sfgtv graphics go onset the city night on fire ♪ you know that it would be untrue you know you got to make peace awhile then you can really smile and make it really noaa while come on city light the city with the city fire come on city light the city fire [speaker not understood] ♪ you k
guzman has been working on community health issues in san francisco for decades. while studying law at new college school of law, she worked to provide benefits access to disabled communities impacted by mental illness and substance abuse. she also worked for the california pell project doing a medical and mental health history of a mexican national on death row. after law school laura began her work here in san francisco's mental health system as an outreach counselor for the then aids benefits counselors. today that's the positive resource center, where she supported homeless and triple diagnosed persons by providing them access to mental health services and documenting their disabilities. in 2001 she was hired to direct the mission neighborhood resource center in the mission district right on 16th street, and since then she has been committed to providing crisis intervention and mental health support to thousands, literally thousands of participants who have been impacted by trauma and mental illness from an early age. at mnrc laura has partnered with the san francisco psychiatri
-o-u specifically. this ordinance change would be consistent with state law that was authorized the port land for affordable housing. that would be in exchange for the fees that they would be otherwise paying on port property. and it would be essentially a credit to the fees that would be paid in equivalencies. and the land that would be suitable for affordable housing, we would be provided to us at below market rates so that we would be able to use it, then, for future development. and then i'll turn it next to trisha. >> thank you. >> good afternoon, supervisors, trisha, port staff accompanied by the special projects manager. i'd like to just start by thanking supervisor kim for her leadership on this item and i'd like to also thank theresa with the mayor's office of housing for their assistance as well. so, as port staff have articulated through its ten-year capital plan which has been forwarded to the board of supervisors, there are some unique characteristics of port property that drive up the cost of development. we are typically building on filled land which is not seismically based so
father-in-law is in chinatown sro, too. my father-in-law's building had this bed bug infestation. when he goes to bed, all the bed bugs come out at night. so he got bitten pretty badly all over the neck, the head. he reported to the manager. the manager just did a real routine thing about the bed bugs. so my father-in-law went to chinatown cdc for help. so that was brought to the attention of the health department. so he couldn't even sleep well at night. so we are really hopeful that the legislation will help people to understand how they are treated and get better. we are living in a pretty bad situation once you have bed bugs. so we hope that we could get this legislation done really fast, so things will get better for us. we thank the supervisors to put such an emphasis on improving the environment for us. thank you. >> thank you. i'm going to call up a couple more name cards. [ reading speakers' names ] >> good afternoon supervisors, thank you, my name is jorge potio, a lifetime resident of san francisco and i want to start by recognizing the hard work that has been put into the
to comply with the law beyond those levels for further action. so, we're asking -- >> for november 13th? >> beg your pardon? >> you plan to present that november 13? >> no, r i'm planning to present the actual plan and a resolution november 13th. this is -- this give you the information behind it. >> ahead of time? >> yes. >> okay. so, the commission will adopt the procurement plan november 13th? >> if you're comfortable with it, yes. >> but i'm not clear on this. what would the commission workshop november 23rd? >> that's today, that's what we're doing right now. >> oh, this is the workshop? >> this is the workshop. >> i didn't realize that. >> this is the discussion. >> welcome to the commission workshop. >> yes, it's your workshop. [laughter] >> we have this year -- excuse me, in 2011, just to take that policy proposal that i just put before you and describe what it means to us. in 2011 it was a wet year. there would have been no additional rps purchases needed to comply with the law. the calendar year we're in right now, 2012 is more of a dry year. and we have some plant outages. we
will do it consistent with law and also as wisely as we possibly can. also wanted to make sure this wasn't just a bunch of words. we wanted it to be structured in such a way that somebody could audit it and could go in and take a look at our performance and say, you set out to be good guys, how have you performed against that? as we stand before our rate payers to be able to say, we have committed to managing your money well, we have been audited by the controller against our objectives, and we have an answer on that. hopefully that answer will be that we have met and exceeded all of those objectives. so, i think it's very important. and i think over the course of the last year, the various drafts of this policy have improved significantly, and i think it's been worth that time. i also wanted to note the comments that we received from cac and -- especially chc had a bunch of recommendationses that deal with rate setting. that is not the particular purpose of this policy. we do have a rates policy. i think they raise some great questions, and i think it would be well worth our time to tak
, we follow the law if we have to and you say, well here is what the law says and the person sits there and looks down. read the 150 word summary thing in the minutes, it is pretty clear. and i would like to ask you something if we ended up in court and i subpoenaed all of you, and before a jury, or a lawyer got up and said, what did that 150 word summary should be in the minutes mean to you? and does it make any sense that the city attorney said that you could put it somewhere else? i think that you would have a hard time answering that question, wouldn't you? >> a motion to adjourn the meeting? >> i would like... >> so moved. >> second. >> second >> all in favor? >> aye. >> aye. >> opposed, hearing none, the meeting is adjourned. >> [gavel] >> good afternoon. welcome to the board of supervisors meeting for the city and county of san francisco home of the national league champions san francisco giants. it is tuesday october 23, 2012. madam clerk can you please call the roll. >> supervisor avalos. present. >> supervisor. >> go giants. supervisor cohen. cohen present. supervi
macroscopic bodies traveling at great times of light and free space . the laws of motions and bodies post of light and free space are relative mechanics, quantum mechanics". evidence confrontation. imperialism and followers and national and sovereign survival contest continuum. revolution, revolutions to end capital currency and for public ownership of means of production, cooperative collective community. to think this matter in labor classical mechanics, quantum mechanics, dialect tal materialism. >> next speaker. >> you know joseph spoke with pharaoh and told him the dream is one. god showed pharaoh what he's about to do. the seven cows or seven years and the seven ears and he doubled it because it was surely going to happen, and it did happen, and hopefully they can read this. okay good. last time it was so bright you couldn't read t i did a really lousily job. hopefully i will improve but what i tried to explain last time i was here is that the bible itself establishes this period of time to the dus trekz of the temp and to christ and had these years so in round numbers it was
Search Results 0 to 49 of about 130 (some duplicates have been removed)